The Hiring of Former Government Employees Can Derail Company Capture Efforts If Not Handled Carefully
American Staffing Association Staffing Law
In this article, Scott Flesch outlined how missteps in hiring former government personnel can lead to organizational conflicts of interest (COI) and exclusion from federal contracting. He highlights key restrictions under statutes like 18 U.S.C. ยงยง 203, 205, and 207, the Procurement Integrity Act, and the Federal Acquisition Regulations (FAR), emphasizing the need for thorough employment screening and compliance. Importantly, Flesch noted recent court decisions have scrutinized contractor efforts to mitigate actual, potential, or apparent COIs arising from post-government employment. The attorneys at Miller & Chevalier can help companies avoid costly setbacks by developing screening protocols for former government employees and assessing risks in related hiring decisions.